Anti-absorption provisions: New tool for strengthening trade remedial measures

Here is another episode of LKS’ all Law., where Mr. Devesh Aswal and Ms. Neha Jain discuss the topic “Cross-Border Share Sale – Eligibility for Tax Treaty Benefit”.
 
The benefit under the tax treaty is subject to provisions of General Anti Avoidance Rules (GAAR) enacted under the domestic law and Principal purpose test (PPT) embedded in tax treaties. Under both GAAR and PPT, the benefit of tax treaties should be available only for transactions having commercial substance. Though both GAAR and PPT are relatively new, the Courts in India have been applying judicial anti-avoidance tests existing prior to the introduction of GAAR. In this podcast, we will cover the jurisprudence and the key issues surrounding the application of GAAR and PPT.

This podcast is based on a recent article by Mr. Harshit Khurana and Ms. Sonali Bansal.

Link to the article: https://www.lakshmisri.com/insights/articles/cross-border-share-sale-eligibility-for-tax-treaty-benefit/

Here is another episode of LKS’ all Law., where Ms. Anshita Khandelwal and Mr. Arpit Mehra discuss the topic “EU’S NON-PREFERENTIAL RULES OF ORIGIN: A TOOL FOR DETERMINING ORIGIN OF GOODS AND PROMOTE FAIR TRADE”

Recently, EU has been focusing on strengthening its non-preferential rules of origin by prescribing tighter norms for the determination of the origin of goods. These rules are enforced by the customs authorities at the border, thereby ensuring origin is properly declared in the entry documents filed before customs authorities for all regulatory purposes and duties, including trade remedial duties, are appropriately paid by the importers.

This podcast is based on a recent article authored by Mr. Arpit Mehra
Link to the article: https://www.lakshmisri.com/insights/articles/eu-s-non-preferential-rules-of-origin/ 

Here is another episode of LKS’ all Law., where Mr. Prashant Pratyay and Mr. Gaurav Tiwari discuss the topic “Digital Personal Data Protection Act – Implications for financial entities and fin-tech sector”

The Digital Personal Data Protection Act, 2023 introduces a comprehensive framework on data protection applicable to entities processing personal data across all sectors. Some of the key obligations include notice, consent requirements, relying on legitimate purposes (where applicable), implementation of technical and organizational measures and security measures for preventing data breach.

Link to the article:  Digital Personal Data Protection Act – Implications for financial entities and fin-tech sector

Authors:  Prashant Phillips and Sameer Avasarala

Here is another episode of LKS’ all Law., where Mr. Aman Joshi and Ms. Mehak Mehra discuss “Key Issues Impacting the Pharmaceutical Sector Classification, Human Resources & Investigations”

Since the introduction of Goods and Services Tax (GST), Indian pharmaceutical companies have faced significant challenges in implementing their operations, revamping their systems, understanding the law, complying with various law provisions, claiming refunds, and handling audits and investigations in an uncertain environment. In this podcast, we will cover key issues relevant to the Indian pharmaceutical industry from a Classification, Human Resources & Investigations perspective.

This podcast is based on a recent article by Mr. Satya Sai, Associate Partner, and Satish Gandla, Principal Associate.
Link to the article: https://www.lakshmisri.com/insights/articles/key-issues-impacting-the-pharmaceutical-sector-1/ 

Here is another episode of LKS’ all Law., Ms. Masooma Rizvi. and Ms. Rashi Srivastava discuss the topic “Withdrawal of Corporate Insolvency Proceeding Even Prior to Formation of Committee of Creditors is Permissible”
 
 The Honourable Apex Court, in the recent matter of Abhishek Singh vs. Huhtamaki PPL Ltd. and Ors. rendered a significant ruling, establishing that a plea for the withdrawal of the Corporate Insolvency Resolution Process can be allowed by the adjudicating authority even before the establishment of the Committee of Creditors.

 Link to the article: Withdrawal of corporate insolvency proceeding even prior to formation of committee of creditors | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)
Authors: Abhilasha Jha

This podcast examines the decision of the Hon’ble High Court of Calcutta (‘High Court’) on an appeal (AID NO. 11 OF 2021) filed by Decco Worldwide Post Harvest Holdings B.V & Anr. (‘Appellant’) seeking to set aside an order (‘impugned order’) passed by the Controller of Patents and Designs (‘Respondent’) refusing the grant of the Appellant’s patent application for being a method of agriculture under Section 3(h) of the Act, apart from lacking an inventive step and having insufficient disclosure.

The High Court, after considering the facts of the case, decided that the assessment of the claimed invention by the Respondent was erroneous and remanded the application back to the Respondent to examine the subject patent application afresh including the question of patentability, after giving an opportunity of hearing to the appellant. This podcast specifically focuses on the opinion of the High Court with respect to the assessment of inventions under Section 3(h) of the Act.

This podcast is based on a recent article by Srinivasan T. and Eeshita Das.

Link to the article: Patent of method of treating a plant – Interpretation of Section 3(h) | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

Voice: Nikita Chauhan and Devesh Aswal

Here is another episode of LKS’ all Law., where Ms. Soumya Malhotra and Mr. Gaurav Tiwari speak about the much-awaited digital personal data protection bill 2023.

Passed by both Lok Sabha and Rajya Sabha, the Digital Personal Data Protection Bill 2023 finally received assent from the Hon’ble President of India on 11th August 2023. 

This podcast is based on a recent article authored by Mr. Prashant Phillips, Executive Partner and Mr. Sameer Avasarala, Senior Associate 

Link to the article:  Pacing towards a data protection law: Analysing the Digital Personal Data Protection Bill, 2023 | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

Here is the latest episode of all Law, featuring Ms. Kanika Jain and Ms. Aishwarya Vardhan, as they delve into the recent ruling of the Maharashtra AAAR of CHEP India Pvt Ltd.

This ruling examines a transaction and holds that although the supply of goods/services between distinct persons would amount to a supply under GST laws, the mere movement of goods between two GSTINs would not amount to a supply when the GSTIN undertaking such movement is only a bailee of such goods.

This podcast is based on a recent article by Mr.  Brijesh Kothary, Ms. Padmasri Manyam, and Ms. Ananya Raghavendra. 

Link to the article: Leasing of capital goods between two GSTINs | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

This podcast addresses uncertainties in tax laws, particularly regarding the interpretation of legal provisions and the ensuing litigation. It focuses on the tax implications of exporting services, treated as tax-free or zero-rated under GST laws. The Export of Services Rules, 2005, have been subject to frequent amendments and litigations due to the interpretational challenges posed by the "used outside India" condition. The podcast highlights a recent decision in Arcelor Mittal Stainless India Private Limited vs. CST, Mumbai-II, 2023-VIL-516-CESTAT-MUM-ST where the Larger Bench of CESTAT ruled in favor of exporters. It held that providing Business Auxiliary Services to recipients outside India, with consideration received in convertible foreign exchange, qualifies as an export of service. The Tribunal clarified the term "service recipient" and determined that the location of the service recipient being outside India is crucial for fulfilling the export condition. The impact of this decision on the GST regime and its implications for businesses engaged in cross-border transactions remains to be seen, as it may influence the interpretation of GST provisions as well.

Link: Export of services: Settled, yet unsettled | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

Source: An article published on the LKS website in June 2023
Authors:  Shrishti Agarwal, Disha Jain, and Narendra Singhvi
Voice: Ananya Raghavendra and Saundarya Sinha

The Finance Act, 2021 overhauled the then-existing reassessment provisions under the Income-tax Act. Earlier, the reassessment provisions required the Assessing Officer to form an “independent belief” based on the “new tangible material”. Now, the reassessment provisions have been made information centric. The Assessing Officer is required to possess the information that suggests that the income chargeable to tax has escaped assessment. For that matter, what constitutes information has also been defined under the Act. When the reopening has now been made permissible on the possession of the defined information, the question is whether a change of opinion based on such information can result in a valid reopening. This Podcast seeks to discuss this crucial aspect of the new reassessment provisions.

Link: Change of opinion: Whether permissible under the new provisions of reassessment? | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

Source: An article published on the LKS website in July 2023
Authors: Neha Sharma
Voice: Arpit Mehra and Kanishka Sihare